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Friday, October 30, 2015
Note on FRCP 60(b)(5) and Institutional Reform Litigation
In the latest issue of the Yale Law Journal is a note by Mark Kelley, Saving 60(b)(5): The Future of Institutional Reform Litigation. Here's the abstract:
Institutional reform decrees are one of the chief means by which federal courts cure illegal state and federal institutional practices, such as school segregation, constitutionally inadequate conditions in prisons and mental hospitals, and even insufficient dental services under Medicaid. The legal standards governing federal courts' power to modify or dissolve institutional reform decrees, a crucial tool that can be used to safeguard or sabotage these decrees' continued vitality, are rooted in Federal Rule of Civil Procedure 60(b)(5). In Horne v. Flores, the Supreme Court tweaked Rule 60(b)(5) to make it easier for state and local institutions to modify or dissolve the institutional reform decrees to which they are bound. This Note argues that Horne has introduced considerable confusion and divergence among lower court approaches to the modification and dissolution of reform decrees, and has made it too easy for institutional defendants to escape federal oversight. At the same time, however, Horne rested on legitimate policy critiques of institutional reform litigation. This Note attempts to chart a middle ground between the doctrine's detractors and defenders by making concrete proposals about how courts should resolve the confusion introduced by Horne. These recommendations would align the institutional reform doctrine with the policy critiques highlighted by the Court in Horne while still allowing for the effective vindication of constitutional rights.
October 30, 2015 in Federal Courts, Federal Rules of Civil Procedure, Recent Scholarship | Permalink | Comments (0)
Thursday, October 29, 2015
Fourth Civil Justice Reform Summit Sponsored by IAALS
The Institute for the Advancement of the American Legal System is sponsoring its Fourth Civil Justice Reform Summit: Creating the Just, Speedy, and Inexpensive Courts of Tomorrow. The program will be held February 25-26, 2016 at the University of Denver.
The program will include panels on both federal and state rules projects, proportionality, cooperation, and many other topics. Panelists include federal and state court judges, lawyers, academics, and other researchers.
Hat tip: Linda Sandstrom Simard
October 29, 2015 in Conferences/Symposia, Discovery, Federal Rules of Civil Procedure, State Courts | Permalink | Comments (0)
Friday, October 23, 2015
Programs Abound to Explain the 2015 FRCP Amendments
With the newest revisions to the Federal Rules of Civil Procedure due to take effect on December 1, 2015, a number of organizations, such as the ABA and other bar associations, are offering programs and webinars to ease the transition.
Perhaps most prominent is the "Rules Amendments Roadshow," a joint program of the American Bar Association Section of Litigation and the Duke Law Center for Judicial Studies billed as "a 13-City Tour Discussing The Most Important Federal Discovery Changes In Over A Decade." The moderators will be Judge Lee H. Rosenthal and Professor Steven Gensler and panelists will include "local judges, magistrates, and top practitioners in each city." The "roadshow" starts in New York on November 10, continues in eleven more cities, and concludes in Miami on April 1. (No, this is not an April Fools' joke.)
The ABA is also offering a webinar entitled "The 2015 Amendments to the Federal Rules of Civil Procedure, Part 1: The Impact of Amended Rule 37(e) on E-Discovery," on October 29, 2015 from 1:00 PM - 2:30 PM ET. The webinar faculty will be Carol Geisler, Legal Counsel, CVS/Caremark, Chicago, IL, Hon. Paul W. Grimm, US District Judge, District of Maryland, Greenbelt, MD, and Christopher M. Morrison, Partner, Jones Day, Boston, MA. The moderator will be Hon. Frank J. Bailey, US Bankruptcy Judge, District of Massachusetts, Boston, MA.
Local bar associations, such as the Tennessee Defense Lawyers Association are also offering programs.
Finally, although not a live program, the Defense Counsel Journal has an article in its October 2015 issue by Thomas Y. Allman entitled "The 2015 Civil Rules Package As Transmitted to Congress." Mr. Allman is a former General Counsel and Chair Emeritus of the Sedona Conference Working Group 1 on EDiscovery and the E-Discovery Committee of Lawyers for Civil Justice.
October 23, 2015 in Conferences/Symposia, Federal Rules of Civil Procedure | Permalink | Comments (0)
Wednesday, October 14, 2015
Today's SCOTUS Oral Argument in Campbell-Ewald Co. v. Gomez
The Supreme Court heard oral argument today in Campbell-Ewald Co. v. Gomez, which presents some important questions regarding Article III, mootness, and class actions. The transcript is here.
October 14, 2015 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
Klonoff on Class Actions in 2025
Bob Klonoff has posted on SSRN a draft of his article, Class Actions in the Year 2025: A Prognosis, which will be published in the Emory Law Journal. Here's the abstract:
In this Article, I reflect on what the federal judiciary has done in recent years, and I attempt to predict what the class action landscape will look like a decade from now. My predictions fall into several categories:
First, I discuss whether the basic class action framework — Federal Rule of Civil Procedure 23 — is likely to be revamped in the next decade. I predict that there is little chance that the basic structure of Rule 23 will change. Calls by some scholars to rewrite Rule 23 will not make headway. The only caveat to this prediction is that either Congress or the Supreme Court could repudiate so-called no injury classes — i.e., classes in which some unnamed class members suffered no harm — a result that would not change the text of Rule 23 but would adversely impact certain kinds of class actions, such as consumer cases.
Second, I examine the likely state of class action jurisprudence in the year 2025. In that regard, I make several predictions: Securities class actions will continue to flourish, but consumer, employment, and personal injury class actions will continue to decline. The Supreme Court will curtail the ability of plaintiffs to establish liability or damages through expert statistical sampling (referred to frequently as "trial by formula"). The "ascertainability" requirement imposed by the Third Circuit will be repudiated by the Supreme Court or by the Third Circuit itself. The Supreme Court will conclude, as have numerous circuits, that an unaccepted offer of judgment to a class representative pursuant to Federal Rule of Civil Procedure 68 is a legal nullity and does not moot the individual's claim or the putative class action. Defendants will advance several arguments against class certification that, until now, have had only limited success. These will include expansive applications of Rule 23's typicality, predominance, and superiority requirements. Although defendants will not be fully successful with these arguments, they will succeed in erecting some additional barriers to class certification. During the next decade, courts addressing class certification and the fairness of settlements will give greater weight to allegations of unethical behavior by class counsel and by counsel representing objectors to settlements. The future of class actions will ultimately lie in the hands of a small number of appellate court judges who have a special interest and expertise in aggregate litigation.
Third, I focus on the administration and resolution of class actions and offer two predictions: (1) by 2025, a significantly larger number of class action cases will go to trial than at any time since 1966; and (2) technological changes will fundamentally alter the mechanics of class action practice, offering more sophisticated tools for notice, participation by class members, and distribution of settlement proceeds.
October 14, 2015 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Scholarship | Permalink | Comments (1)
Wednesday, September 16, 2015
House Committee to Consider Bill Making Rule 11 Sanctions Mandatory
The House Committee on Rules is scheduled to consider the Lawsuit Abuse Reduction Act of 2015 (H.R. 758) tonight, September 16, 2015, at 7:00 p.m.
We identified the key features of this bill earlier here.
September 16, 2015 in Federal Rules of Civil Procedure | Permalink | Comments (0)
Tuesday, August 11, 2015
Duke Center Drafts Its Own "Guidelines" for Proportionality Amendments
The Center for Judicial Studies of Duke Law School has issued a draft of "Guidelines and Suggested Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality." The Center has asked for public comments on the draft by August 21, 2015.
The Center's website states: "The Center for Judicial Studies holds annual bench-bar-academy conferences that identify serious problems in the law, and effect real improvements in laws, rules, and regulations. The conferences bring together prominent bench leaders, government officials, senior-level lawyers, technical experts, and academics to address emerging legal issues and develop consensus positions that will guide government policy-makers and decision-makers by means of best practices or guidelines."
The Guidelines on Proportionality result from this process. Of course, the Guidelines do not have the force of law. The authors (who are unnamed on the draft) appear to be emulating the method of The Sedona Conference.
Barring action by Congress, the pending amendments to the FRCP will become effective on December 1, 2015.
Financial sponsors of Duke Law School's Center for Judicial Studies in 2014 included Bank of America, ExxonMobil, GE's Power and Water, Home Depot, King & Spalding, Kirkland & Ellis, Lieff, Cabraser, Heimann & Bernstein, Merck & Co., Monsanto, Pfizer, Inc., Skadden, Arps, Slate, Meagher & Flom, and State Farm Insurance Company.
Comments on the Guidelines should be sent to the Director of the Center, John Rabiej, firstname.lastname@example.com.
Hat tip: Valerie Nannery.
August 11, 2015 in Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)
Wednesday, July 15, 2015
Wasserman on Mixed Signals on Summary Judgment
Howard Wasserman has posted on SSRN his article, Mixed Signals on Summary Judgment, published in Michigan State Law Review.
This essay examines three cases from the Supreme Court's October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary judgment, particularly in civil-rights cases involving video evidence.
July 15, 2015 in Federal Rules of Civil Procedure, Recent Scholarship, Supreme Court Cases | Permalink | Comments (0)
Wednesday, June 24, 2015
House Judiciary Committee Passes "Fairness in Class Action" Bill
The House Judiciary Committee "reported favorably to the House" the so-called "Fairness in Class Action Litigation Act of 2015" this morning, splitting along party lines.
Under this Act, to obtain class certification, class action plaintiffs "seeking monetary relief for personal injury or economic loss" will have to "affirmatively demonstrate[] that each proposed class member suffered the same type and scope of injury as the named class representative."
Amendments offered by Democrats all failed. These failed amendments were to: except Title VII claims; except antitrust claims; strike the words "and scope"; strike the words "or economic loss"; require Judicial Conference approval of the changes; and require the Administrative Office of the US Courts to assess the effect of the bill on litigants and courts.
Govtrack.us gives this bill a 19% chance of passing. The US Chamber of Commerce is already reported to be celebrating.
June 24, 2015 in Class Actions, Current Affairs, Federal Rules of Civil Procedure | Permalink | Comments (0)
Tuesday, June 23, 2015
Moore on the Pending Amendments to the FRCP
Forthcoming in the University of Cincinnati Law Review is my article, The Anti-Plaintiff Pending Amendments to the Federal Rules of Civil Procedure and the Pro-Defendant Composition of the Federal Rulemaking Committees.
In the classical David-and-Goliath lawsuit brought by an individual person against an institutional defendant, the pending amendments to the Federal Rules of Civil Procedure hurt David and help Goliath more than any previous round of amendments. The amendments represent corporate defendants' victory in the thirty-year war to limit the scope of discovery by enshrining "proportionality" as part of the definition of, rather than a limitation on, the scope of discovery. The amendments will also make it more difficult for plaintiffs to obtain an adverse inference jury instruction or other sanctions for a defendant's intentional loss of electronic evidence. For no good reason, the amendments will reduce the length of time within which plaintiffs must effectuate service of process, thereby gifting defendants with a corresponding reduction in the statute of limitations. In addition, the amendments wipe out thirty-six official forms, on the thin excuse that the Advisory Committee wants to "get out of the forms business"; in fact, many interpret the move as a tacit agreement with the heightened pleading standard imposed on plaintiffs by the Supreme Court in Twombly and Iqbal.
The amendments' mostly anti-plaintiff effect is evidenced by a stark split in the public reaction, with plaintiffs' lawyers almost unanimously against most of the amendments and defendants' lawyers almost unanimously in favor. But the Advisory Committee was astoundingly indifferent to the polarized public reaction to the proposed amendments. One Advisory Committee member dismissed the stories told at the public hearings by plaintiffs' lawyers about their need for discovery as "Queen-For-A-Day issues," a reference to a 50-year-old daytime television show in which women tearfully told their real-life sob stories to vie for prizes.
Remarkably, in evaluating the need for these amendments, the Committee did not rely on very much case law, any government caseload statistics, or any of the ninety-four district court reports on "cost and delay" mandated by the Civil Justice Reform Act of 1990. Instead, the Committee commissioned a mound of so-called "empirical studies" which consisted mostly of flawed opinion surveys of self-selected attorneys. The one methodologically sound study, conducted by the Federal Judicial Center, found that discovery worked well and at modest cost in most federal cases. The Committee either ignored or mischaracterized the FJC's study.
Given the makeup of the Advisory Committee and the Standing Committee, none of this is surprising. The members of both committees are all appointed by Chief Justice John Roberts, and except for a few tokens, they are ideologically predisposed to think like Federalist Society members, demographically predisposed to think like elite white males, and/or experientially predisposed to think like corporate defense lawyers. There is no explicit constitutional, statutory, or rules authority for the Chief Justice's unbridled appointment power. The Article concludes by forecasting the passage of a default "requester pays discovery costs" rule that is sought by defense interests, unless the mechanism for appointment of federal rules committee members is changed.
June 23, 2015 in Federal Rules of Civil Procedure, Recent Scholarship | Permalink | Comments (0)
Monday, June 8, 2015
SCOTUS Cert. Grant on Class Actions: Tyson Foods v. Bouaphakeo
Today the Supreme Court granted certiorari in Tyson Foods, Inc. v. Bouaphakeo (No. 14-1146. The questions presented are:
(I) Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23(b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample.
(II) Whether a class action may be certified or maintained under Rule 23(b)(3), or a collective action certified or maintained under the Fair Labor Standards Act, when the class contains hundreds of members who were not injured and have no legal right to any damages.
You can find all of the cert-stage briefing, and keep track of the merits briefs as they come in, at SCOTUSblog.
June 8, 2015 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)
Thursday, June 4, 2015
The House Judiciary Committee Hearing on the Class Action Fairness Act, continued
I reported earlier that the House Judiciary Committee held a hearing on February 27, 2015 on "The State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act," at which I testified as the only minority witness. The transcript is now online.
Questions for the record were submitted to me after the hearing. I submitted my response to the questions for the record on May 11, 2015. My response does not appear to have been posted on the website for the hearing, but I posted it on SSRN.
This is Professor Moore's response to questions for the record submitted to her after the hearing before the Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, U.S. House of Representatives, on "The State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act" on February 27, 2015. The questions submitted to her asked whether, when determining the requirements of class certification, Congress should limit a class to those individuals "with the same or similar injuries" or those individuals whose damages or injuries have been sustained due to "the same or similar proximate cause" or "the same product or activity."
The response begins by noting that the wording of the questions appeared designed to eliminate what the majority witnesses at the hearing termed "no-injury class actions." The response argues that the term "no-injury class action" is a recently-invented term without roots in the law of class actions, and that the term is misleading when applied indiscriminately to all class actions. The substantive law, whether federal or state, determines when a person is "injured," and the majority witnesses' assertion that certain class members have suffered "no injury" contravenes the governing substantive law.
The response then more specifically addresses the suggested language in the questions submitted. The suggested limitations, if passed by Congress, would restrict class actions. First, it is unclear how the broad-brush language would be applied to class actions for injunctive relief, such as civil rights cases. Second, the language sounds like existing law, but those seeking to eliminate so-called "no-injury class actions" intend that the language should be interpreted in a new and more radical way so to make it much more difficult to obtain class certification than under existing law. Third, the language would in essence require a class, at certification, to include only class members who could prove their case on the merits. That would constitute an impermissible "fail-safe" class allowing any class member who did not prove her case on the merits to escape being bound by the class judgment. Fourth, the existing certification requirements of commonality, typicality, and predominance provide sufficient tools for federal judges to rigorously apply the standards to unique factual situations.
The response also notes that the Civil Rules Advisory Committee is currently considering numerous changes to Rule 23, so that legislation is premature. Finally, the response calls for Congress to require the public release of data on federal class actions.
June 4, 2015 in Class Actions, Federal Rules of Civil Procedure | Permalink | Comments (0)
Wednesday, June 3, 2015
House Bill to Amend Rule 11 Reported Out of Committee
H.R. 758, the so-called "Lawsuit Abuse Reduction Act of 2015," was reported out by the House Judiciary Committee on May 14, 2015.
The bill would return to the pre-1993 era by:
- Making sanctions for a Rule 11 violation mandatory instead of discretionary.
- Eliminating the 21-day "safe harbor" provision.
- Replacing deterrence with compensation as the primary purpose of sanctions.
The bill also claims that it is not intended to impede the assertion or development of new claims.
A committee hearing was held on the bill on March 17, 2015. A similar Senate bill, S. 401, is still in committee.
Republicans have been attempting to pass this bill since at least 2011. See Professor Lonny Hoffman's article, The Case Against the Lawsuit Abuse Reduction Act of 2011.
June 3, 2015 in Federal Rules of Civil Procedure | Permalink | Comments (0)
Thursday, May 21, 2015
Alabama Same-Sex Marriage Litigation Update: Federal Judge Grants Class Certification and Issues (but Stays) Class-Wide Injunction
Things had been fairly quiet in the litigation over Alabama's same-sex marriage ban (here's where things stood back in March). Today, U.S. District Judge Callie Granade made two important rulings in the Strawser case. In one order, she certified both a plaintiff class and a defendant class under Rule 23(b)(2). She wrote:
Plaintiffs' motion to certify a Plaintiff Class consisting of all persons in Alabama who wish to obtain a marriage license in order to marry a person of the same sex and to have that marriage recognized under Alabama law, and who are unable to do so because of the enforcement of Alabama's laws prohibiting the issuance of marriage licenses to same-sex couples and barring recognition of their marriages is GRANTED.
Plaintiffs' motion to certify a Defendant Class consisting of all Alabama county probate judges who are enforcing or in the future may enforce Alabama's laws barring the issuance of marriage licenses to same-sex couples and refusing to recognize their marriages is GRANTED.
In another order, Judge Granade concluded—yet again—that Alabama's ban on same-sex marriage is unconstitutional. Accordingly, she granted the plaintiff's motion for a preliminary injunction; but she also ordered that "because the issues raised by this case are subject to an imminent decision by the United States Supreme Court in Obergefell v. Hodges and related cases, the above preliminary injunction is STAYED until the Supreme Court issues its ruling."
May 21, 2015 in Class Actions, Current Affairs, Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)
Monday, May 18, 2015
SCOTUS Cert Grant on Article III, Mootness, Class Actions & Sovereign Immunity
Today the Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez, which presents the following questions:
1. Whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim.
2. Whether the answer to the first question is any different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified.
3. Whether the doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), for government contractors is restricted to claims arising out of property damage caused by public works projects.
You can see all of the cert-stage briefing, and keep track of the merits briefs as they come in, at SCOTUSblog.
May 18, 2015 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
Tuesday, May 12, 2015
Coleman PrawfsBlawg Post on Amending Rule 23
Brooke Coleman has a post today over on PrawfsBlawg called "Civil Rule 23 -- To Amend or Not to Amend?"
She summarizes three of the "conceptual sketches" that the Rule 23 Subcommittee of the Civil Rules Advisory Committee is currently considering.
May 12, 2015 in Class Actions, Federal Rules of Civil Procedure, Weblogs | Permalink | Comments (0)
Thursday, April 30, 2015
More on the FRCP Amendments Adopted Yesterday by SCOTUS
We covered yesterday the Supreme Court's order adopting the latest round of amendments to the Federal Rules of Civil Procedure. The full packet of material that the Supreme Court transmitted to Congress pursuant to the Rules Enabling Act was posted this afternoon on the U.S. Courts website. Here's the portion dealing with the Civil Rules amendments:
If you've been following this batch of amendments as it has worked its way through the various committees, you may notice that the adopted rules include a couple of changes to the proposed committee notes (hat tip: Valerie Nannery).
The first involves the abrogation of Rule 84 and the deletion of the Forms that had long appeared in the FRCP Appendix. Many had expressed concern about this change because of its possible effect on pleading standards due to the elimination of Form 11, Form 18, and others. The committee note for Rule 84 now contains this sentence: "The abrogation of Rule 84 does not alter existing pleading standards or otherwise change the requirements of Civil Rule 8."
The second change relates to the amendment to Rule 4(m), which reduces the default deadline for serving process from 120 days after filing the complaint to 90 days after filing the complaint. The committee note had stated: "Shortening the presumptive time for service will increase the frequency of occasions to extend the time for good cause." The new version deletes the last three word of this sentence, which now reads: "Shortening the presumptive time for service will increase the frequency of occasions to extend the time." This seems to recognize that the text of Rule 4(m) does not require a showing of good cause in order to extend the default deadline for service—although there remains some disagreement in the lower courts on this issue. (Readers may recall this Term's Chen case, where the Court had granted a pro se cert. petition challenging the Fourth Circuit's approach to Rule 4(m) extensions, only to dismiss it after Mr. Chen failed to file a brief and the Court's "[a]dditional efforts to contact petitioner" were "unsuccessful." Mr. Chen then resurfaced, represented by former Solicitor General Paul Clement, filing a petition for rehearing asking the case to be reinstated; but this too was unsuccessful.)
April 30, 2015 in Federal Rules of Civil Procedure, Recent Decisions, Twombly/Iqbal | Permalink | Comments (1)
Wednesday, April 29, 2015
SCOTUS Adopts Recent Amendments to the Federal Rules of Civil Procedure
Today the Supreme Court adopted the recent batch of proposed amendments to the Federal Rules of Civil Procedure. Here is the order setting forth the amendments and submitting them to the House and Senate.
Absent congressional action, these amendments will become effective Dec. 1, 2015.
Note that today's order from the Court does not include a "redline" of the new changes or the committee notes that accompany them. Here are the redline and notes that were included in the Standing Committee report:
Download FRCP Amendments - Redline & Committee Notes
UPDATE: Valerie N (see comments below) reports that the Court has asked for two changes to the advisory committee notes. The entire package of materials--including the final version of the committee notes--is now available here.
April 29, 2015 in Federal Courts, Federal Rules of Civil Procedure | Permalink | Comments (3)
Interesting SCOTUS Cert. Petition on Summary Judgment
Today the Supreme Court wrapped up its oral arguments for the Term. There are lots of cases still to be decided, of course. And the Court should be taking action this week (Friday is the deadline) on the latest batch of proposed amendments to the Federal Rules of Civil Procedure.
Also in the coming weeks, the Court will be considering an interesting petition for certiorari out of the Seventh Circuit on summary judgment. Estate of Brown v. Thomas (No. 14-1139) presents an important question that federal courts have been struggling with ever since Celotex and the 1986 summary judgment trilogy:
What initial burden does Fed. R. Civ. P. 56 impose on a moving party that seeks summary judgment on the ground that the non-moving party cannot prove its case?
Here are the cert. stage briefs, and here is the docket. The case does not appear to be calendared for conference yet, but that will likely happen in May.
April 29, 2015 in Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink | Comments (4)
Wednesday, April 15, 2015
Sedona Conference Posts Commentary on Rule 34 and Rule 45
The Sedona Conference has posted a "Commentary on Rule 34 and Rule 45 'Possession, Custody, or Control.'" The commentary suggests uniform principles as to the meaning of "possession, custody, or control" as used in Federal Rules of Civil Procedure 34 and 45.
The commentary can be downloaded without charge here.
April 15, 2015 in Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)


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Agencies in Bowling Green now know how much money they'll receive in the upcoming fiscal year.
The Bowling Green City Commission made decisions on who to fund at the meeting, the night of June 12 , 2007.
Many group's got less money than they had asked the Commission for. However, all but one organization got at least the same amount they received in the 2007 budget.
To see an unofficial list of agency funding, be sure to click here.

subset: commoncrawl


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Separate names with a comma.
I was thinking actually the icons that are there would work, just take the words off them. You know? It just looks redundant in the app drawer...
Yea pop up ads all over, an ad everytime you navigate to a different part of the site. Donate links everywhere. Like I would donate to a guy that...
That's just a workaround. :) Im really not trying to be mean here, but I just don't think the replaced icons fit well with the theme.
(I could...
IF you can even get to them after all the ads on that site. That blog has gone way, way downhill.
I honestly think you should see if you can find (or create) different icons for incognito. Love this theme, I just didn't love the icons....
My phone says otherwise :)
But that's a moot point, hook is right you cannot do what you want to do. N1 OS is made for the N1's hardware....
Green seems to work fine on BB v1.1
Yes, on the green. That was the only thing that dl'd from the link you gave. The zip is only 112kb, and when i opened it, it was only the framework.
Nice, is the only thing being themed, the framework?
I know you've heard it countless times too pandroid, but an ADW theme would be prrriiiimmmme.
(I realize this is still in beta, but hey,...
Is the file still named beta3 (the actual theme you dl from your google page)?
Im running on BBv1.0 right now with a 1ghz LV kernel, and it runs quite well.
Sounds awesome! Wish I could compile those .9s for you, but im at work all day, and do not have my laptop with me.
Yea, I've used an icon like that for a website I built a while ago. It's just a generic thing, that fits well with this theme.
You still working...
There is one bug I see so far, when you pull the notification bar down in landscape the right border is static to where it would be in portrait mode.
Gah, I wish i could snag the lockscreen. That would make my phone perfect.
Ahh, yes you can. The data plan is the data plan, no matter what phone you use.
Im using Bugless Beast v1.0 at 800mhz. I don't usually like to go about a 30% OC on a proc, and its super stable, and pretty speedy.
Yea, you can actually do it online thru verizonwireless.com. Just go to you acct, and then to activate phone. OR i think you can do it on the...


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"Everywhere I go, I am asked if I think the university stifles writers. My opinion is that it doesn't stifle enough of them." - Flannery O'Connor
Mary Flannery OConnor was born in 1925 in Savannah, Georgia, USA. She studied at the University of Iowa. She is regarded as one of the finest short story writers of her generation and is also remembered for her two novels, Wise Blood (1952) and The Violent Bear It Away (1960). She died in 1964 after battling Lupus Erythematosus for ten years.
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I'm 2 months pregnant, and we have a 3yo DD who would normally be very active and adventurous... only her mama doesn't want to do anything but lie in bed and watch movies.
I've been dealing with nausea for about 2 weeks now, and even though I have a feeling it will go away soon (and it hasn't really been that long period), I feel so SO guilty that she hasn't been getting enough exercise, or creative play, or... well anything really. I give her tons of hugs and we snuggle all the time, but I just have no energy or motivation to do anything!!
I do make attempts to go outside every day or every other day, but it doesn't last long because I start getting tired or yucky feeling and just want to go back in. She asks me to play games with her, and hold her hands while she jumps on the bed, and I do these things when I have the energy, but most of the time I'm having a hard enough time keeping up with housework or preparing food!
What do I do??? I don't want her to become lazy because of me! I feel awful that I'm such a lazy, unmotivated, boring mama right now!
It is hard but I don't think your dd will have long lasting effects from you taking it easy right now.
Mama to Blake, 6, and Grant, 4
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We report on the magnetic and transport properties of CoFe3 nm/Ir0.5 nm/CoFe3 nm and CoFe1.5 nm /Ir0.5 nm/CoFe3 nm sandwiches, grown by ion beam sputtering. The sandwich with identical CoFe thicknesses presents a small rigidity and no plateau around zero field. For the same coupling strength, this rigidity and the plateau are strongly improved for the sandwich with asymmetrical CoFe thicknesses. In both cases, when the thicker layer is on the top or on the bottom of the AAF, coercive fields Hc of 600 Oe are obtained. However, the GMR plateau is only slightly improved for asymmetric sandwiches, probably due to lateral coupling fluctuations. Roughness analysis and TEM observations have been made in order to confirm the last hypothesis


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We were taking our 3 kids to NYC for their first trip to the Big Bagel as the first leg of our US summer vacation. We had 8 nights in town and hoped an apartment rental would allow them a sense of being part-time New Yorkers while avoiding the claustrophobia of hotel rooms - and not being required to eat every single meal out. Our first choice (Axa) was not available but some googling brought us to the inbox of Metro-Home aka Elite City stays. I thought I noticed construction work on the Google photos of the property but was assured by the accomodation agency that this simply was the building's entry canopy (first lie). On reaching the apartment we were given a whirlwind introductory tour by a young lady who led us to believe she was the business owner ( a pattern emerging?). We were bushed after a delayed flight and just wanted to shower and snooze. The apartment looked "compact" but smelled fresh and, hey, it's NYC -space is at a premium. But we should have looked more closely and insisted she stayed til we did. Someone had been to IKEA or its equivalent lately as the furnishings were new if a bit on the bargain basement side. They will not stand the test of time. First surprise was that, despite the website clearly showing a sitting room with windows to the street this one had a stud wall partition with a PERSPEX window getting light from the street window of the second bedroom. The sitting room is minute - the second bedroom clearly having been carved out by partitioning off the siutting room. You cannot use the dining table without the furniture being moved. The wifi is poor quality and expensive.The main bedroom was fine. The single bathroom was tiny - and very oldfashioned. Linen and crockery were cheap as were the kitchen fittings. The 24 hr doormen varied from the wholly unhelpful and surly (including one who got offended when I asked that a dangerous mess left at the garbage chute next to the exit should get cleared) to the pleasantly incompetent. There are MAJOR building works going on here. The windows are single sash so the street noise is high and they are covered by cheap nearly translucent coverings so immediately sun is up: you are too. The area is fine and central but don't let the name fool you - this is NOT Sutton and the building had quite a few dodgy looking residents. The lobby must have been photographed the day it was painted. We finally got refunded one night's payments in compensation after too much correspondence. We would rather have had the accomodation we paid for. An apartment break in NYC is a great idea for holdaying families - just not this one.
- Reservation Options:
- TripAdvisor is proud to partner with Hotwire, Hotels.com and Booking.com so you can book your Metro-Home Sutton Place reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
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Datebook | July 10-16
FRI 10 | 'Al's Brain'
"Weird Al" Yankovic made his name more than 20 years ago by parodying pop stars, especially Michael Jackson. Since then he's moved on in subject matter, if not in spirit. His latest single is a lampoon of the online classifieds site Craigslist, set (inexplicably) to music by the Doors. Mr. Yankovic is also tackling scientific subject matter with "Al's Brain," an educational exhibit about brain function presented with true-to-form zaniness. Featuring a 3-D video, the exhibit opens at the Orange County Super Fair and is expected to travel to similar events, including the Puyallup Fair in Washington state.
SAT 11 | Santa Fe International Folk Art Market
More than 20,000 people will head to the foothills of New Mexico's Sangre de Cristo mountains beside the Museum of International Folk Art on July 11-12 for the Santa Fe International Folk Art Market. This bazaar-style market will offer around $2 million worth of wares created by 133 artists from 46 countries, from Afghanistan to Zambia. Highlights include silk shawls from northeastern India, filigreed jewelry from Uzbekistan and zigzag-patterned baskets woven by Zulu women in South Africa. In an altruistic twist, artists will keep 90% of the proceeds from their sales, organizers say, up from the typical 50% at other major art fairs.
SUN 12 | 'Entourage'
The bad boys may be growing up—at least a little. Movie star Vincent Chase is back on top, and his posse—brother Johnny Drama, manager Eric, friend Turtle and agent Ari—are also looking to advance their lives and careers. Turtle is improbably dating actress Jamie-Lynn Sigler, who plays herself. And Eric is being pressured by his girlfriend to leave the group home with the boys and get a place of his own. 10:30 p.m. EDT on HBO.
TUE 14 | 'Wife of the Gods'
Fans of "The No. 1 Ladies' Detective Agency" may have a new hero: Detective Inspector Darko Dawson. He's the protagonist of a new mystery novel set in Ghana written by Kwei Quartey, who was raised in Ghana by an African-American mother and a Ghanaian father. An excerpt: "Bad news spreads through any small town like fire through dry savanna brush. Kweku and Osewa Gedze first heard about Gladys Mensah's death as they were working on their cocoa farm."
TUE 14 | 'Sacred Hearts'
Like her previous two best sellers, "The Birth of Venus" and "In the Company of the Courtesan," Sarah Dunant's latest historical novel takes place in Renaissance Italy and covers ground that will be familiar to her loyal readership: nuns and illicit sex. Ms. Dunant has set her latest book, "Sacred Hearts," in a convent in Ferrara, Italy, where a willful teenage nun attempts to break out to be reunited with her lover. The novice nun, Serafina, is befriended by the convent's apothecary, who initially tries to subdue her hysteria with herbal remedies.
WED 15 | 'Michael & Michael Have Issues'
Comedians (and friends of 20 years) Michael Ian Black and Michael Showalter star as fictionalized versions of themselves in this new narrative hybrid. The program is set up as a show-within-a-show, with the faux Michaels hosting sketches interspersed within each episode's narrative arc. Future shows involve stories such as the duo wrestling with issues of insecurity. Comedy Central, 10:30 p.m. EDT.


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Definition of Thiamine
Thiamine: Vitamin B1. Thiamine (vitamin B1) acts as a coenzyme in the metabolism of the body. It is found in pork, organ meats, legumes, nuts, and whole grain or enriched breads and cereals. Deficiency of thiamine leads to beriberi, a syndrome characterized by inflammation of multiple nerves (polyneuritis), heart disease (cardiopathy), and edema (swelling).Source: MedTerms™ Medical Dictionary
Last Editorial Review: 6/9/2016
Medical Dictionary Definitions A - Z
Search Medical Dictionary
Nutrition and Healthy Eating Resources
- How to Spot Deadly Allergy Triggers
- 11 No-Alcohol Drinks for Diabetes
- Diabetes-Friendly Foods for Your Workout


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Mises Institute President Jeff Deist will be a keynote speaker at the Free Market Medical Association's annual conference.
Read more
Join Ron Paul, Judge Andrew P. Napolitano, Lew Rockwell, Christopher Casey, Jeff Deist and special guests for a memorable weekend in one of the country's most beautiful settings.
This seminar will be held in the Harvard Square area. In addition to sessions, we'll visit favorite hangouts of Boston natives Tom Woods and Lew Rockwell.
The Dallas-Fort Worth Mises Circle will be on Saturday November 5, 2016, at Hurst Conference Center.
Join Tom Woods and Jeff Deist for a Mises Institute Seminar in Orlando, Florida.
The Austrian Economics Research Conference is the international, interdisciplinary meeting of the Austrian School, hosted by the Mises Institute at its campus in Auburn, Alabama.
The Mises University is the world's leading instructional program in the Austrian school of economics.


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By Amanda Cargill | 09/22/2015 - 09:04
Sack lunches. If you've got kids and they're in school, you know how hard it is to pack a healthy lunch that won't end up in the garbage can.
Read more
By Raquel Reichard | 09/08/2015 - 15:42
Another school year, another set of first-generation Latina students treading new waters solo, navigating enrollment and financial aid, higher ed's bureaucracies, demanding classes and a school-
Read more
By Celia Fernandez | 08/31/2015 - 17:14
School is back in session! Well, almost.
Read more
By Celia Fernandez | 08/27/2015 - 11:55
Camila Alves spoke to us exclusively about her favorite items from Target for back to school and her best tip for surviving this time.
Read more
By Chantel Morel | 08/26/2015 - 15:47
A new school year often means a new you — and a chance to really show off what you got in the style department! Want to make a bold statement as you walk the hallways?
Read more
By Chantel Morel | 08/17/2015 - 18:05
Back-to-school season means it's time for a new look! But, before you head back to class, make sure to stock up on new gear.
Read more
By Daniela Galvez | 04/12/2015 - 11:00
Want to brighten up your day with some fun office or school supplies? Look no further, Yoobi has the answer!
Read more
By Priscilla Rodriguez | 08/14/2014 - 14:00
If your daughter (or you) are a huge Selena Gomez fan and you're still shopping for school supplies, these items are a must-get:
Read more
By Priscilla Rodriguez | 08/12/2014 - 12:20
It's almost time to head back to school! If you've been procrastinating on shopping, here are the cutest last-minute dorm buys you must get:
Read more
By Kelli Acciardo | 08/09/2014 - 22:58
Getting ready for class or work when you're running late is sorta stressful, but that doesn't mean your apparence should suffer.
Read more
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Whether you think PCI is a useful standard that makes our credit card data safer or a credit card industry whitewash that merely creates the illusion of security, PCI compliance is a fact of life.
As part of PCI compliance, companies that process a high volume of credit card transactions must submit to an annual assessment by a qualified security assessor, or QSA. For example, Visa requires it of merchants that process 6 million or more transactions. Assessors work for third-party organizations and generally visit companies to examine their processes and determine whether they comply with PCI rules.
To help companies get ready for a an evaluation, we asked QSAs to describe common problems they encounter when working with IT groups on PCI compliance. What follows are five best practices to help companies better prepare for an assessment and maintain compliance.
1. Know Where Data Lives
First off, you must know how credit card data flows through your system, where the data resides in the enterprise, and who has access to it. Assessors ask for this information at the outset of an assessment because it determines the scope of the project. They aren't there to review your entire security infrastructure, just the systems that collect, process, transport, and store credit card data. A surprising number of companies don't have a good grasp of this information. "It's common for a client to completely miss a particular data flow and have no idea that credit card data is being forked off to system X, Y, or Z," says a QSA at Neohapsis, who asked to remain anonymous.
Companies express an "extreme amount of frustration" over the amount of effort they have to put in to put the full picture together, says Ted Keniston, a QSA and managing consultant with the global compliances group at Trustwave. "We should be validating this information, not determining it."
Having a complete picture of credit card data isn't just a courtesy to your assessor; it also affects your ability to protect customer information, because you can't secure what you don't know about.
2. PCI Is A Moving Target
Let's say your assessor has just stamped you "compliant." You breathe a sigh of relief. The PCI assessment is annual, so you don't have to worry about it for another 12 months, right? Not so.
PCI compliance is only valid and only applies to the state of the network and systems at the time of the assessment. The moment you make changes to systems that fall under the scope of PCI, your compliance status is in question.
Of course, no network or computer system remains unchanged, so companies must account for how those changes will affect compliance. All of the controls and processes you put in place to demonstrate compliance at the assessment must be carried forward.
"Change management, log management, system configuration changes--it all has to adhere to PCI requirements," says Trustwave's Keniston.
A related issue is that PCI rules are intended to be adopted as part of ongoing operations. Compliance isn't an annual flu shot that you only think about once a year. It's more like exercise--it has to be done regularly.
For example, PCI requires companies to review firewall rulesets, but this can be a tedious and time-consuming task, easily put aside by busy IT pros. To prevent this from falling by the wayside, one QSA suggests creating scheduled tasks that get assigned to administrators as part of their regular workflow.
Many companies try to bolt on PCI compliance instead of embedding the practices dictated by the standards into their everyday operations. Often they don't want to hear about compliance when developing projects, particularly revenue-generating ones, because any delay in deployment means a delay in income, says the Neohapsis QSA. "They wait until the audit to find out what they need to change, and the cost is always higher to fix it on the back end instead of building it right from the get-go."
If your organization has incorporated PCI requirements into daily operations, be sure you document it so you can get credit. A lot of companies do what they're supposed to for PCI, "but they've never put it in a policy or have anything formal that says 'This is what we do,'" says Trustwave's Keniston.
The cybersecurity profession struggles to retain women (figures range from 10 to 20 percent). It's particularly worrisome for an industry with a rapidly growing number of vacant positions.
So why does the shortage of women continue to be worse in security than in other IT sectors? How can men in infosec be better allies for women; and how can women be better allies for one another? What is the industry doing to fix the problem -- what's working, and what isn't?
Is this really a problem at all? Are the low numbers simply an indication that women do not want to be in cybersecurity, and is it possible that more women will never want to be in cybersecurity? How many women would we need to see in the industry to declare success?
Join Dark Reading senior editor Sara Peters and guests Angela Knox of Cloudmark, Barrett Sellers of Arbor Networks, Regina Wallace-Jones of Facebook, Steve Christey Coley of MITRE, and Chris Roosenraad of M3AAWG on Wednesday, July 13 at 1 p.m. Eastern Time to discuss all this and more.


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B.B. King's Blues Club
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Georgia Theatre, Athens, Ga.
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1 item from 2015
3 September 2015 7:36 AM, PDT | ShockYa | See recent ShockYa news »
Set in a world where demons live among us, this exhilarating vitrine of effects and action sees a hard-boiled demon named Vine confronted with the ultimate choice between the salvation of his own kind and the life of an innocent human girl. Tobias Jelinek (Hocus Pocus), Danielle Chuchran (Saga : Curse of the Shadow), Glee's Harry Shum Jr, and Kristin Minter (TVs E.R) star. The movie from Uncork'd Entertainment stars Danielle Chuchran, Harry Shum Jr., Kristin Minter, Mary-Margaret Humes, and Matt Winston. "Fire City: End of Days" lands on home video on October 6 on DVD and Digital Download.
The post Fire City: End of Days Gets A New Trailer and Movie Poster appeared first on Shockya.com. »
- Rudie Obias
1 item from 2015
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- Anonymous
- USA, Female, 18-24
- Novice Nomad
- 1 review
Ancient Thera Studios is the place to stay. A five minute walk down to the beautiful black sand beach of Perissa, this place is incredible for anyone traveling on a budget and seeking excellent cleanliness, location, and security. This place is run by a very sweet family, who makes it their mission to serve your every need. The room was impeccably cleaned each day, with fresh towels offered as well. It was an excellent break from hostels, perfectly quaint and quiet. Definitely book this!!
Hostelworld Mobile Apps
Book on the go with the new Hostelworld mobile apps.


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- Locations & Hours:
- Redwood City 650.367.8181
- Take A Tour!
Birch Wood Twin Low Loft Bed in Walnut Wood
- Your Price: $319.88
- Retail: $795.00
- You Save: $475.12
Birch Twin Low Loft Bed in Walnut. Features low loft bed with ladder and guard rails. Designed to store matching dresser or chest under the bed (sold separately). Also available in other colors. Assembly required in room. Bedding extra. Manufacturer: Jay Furniture.
Birch Wood
- Versatile for any room
- Matching pieces available
- Setup required in room.
- Other colors available.
Click an image to select the option.
Twin Size Mattress *Spring Air Duke - Includes $11 Recycling Fee
Twin Size Mattress *Spring Air Silver - Includes $11 Recycling Fee
More about Jay Furniture
Jay Furniture (Formally known as Good Trading Company) is the maker of youth bedroom furniture. They are headquartered in Riverside, California.


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Doug's life as a busser is tough. Could this phone call make it even worse?
Just keep living until you find it :)
Nice animation but a background music wouldn't be bad...
Enjoy, NG
This dude and his Megazord vacuum cleaner
This took far too long to make...
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newgrounds.com — Your #1 online entertainment & artist community! All your base are belong to us.


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IEEE membership options for an individual and IEEE Xplore subscriptions for an organization offer the most affordable access to essential journal articles, conference papers, standards,
eBooks, and eLearning courses.
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This paper presents the In0.17Ga0.83As solar cell grown on misoriented GaAs substrate (2°- and 15°-off) by metalorganic chemical vapor deposition. The crystalline quality of the In0.17Ga0.83As solar cell is determined by X-Ray reciprocal space mapping (RSM). RSM results show that the crystalline quality of In0.17Ga0.83As solar cell grown on 2°-off GaAs substrate is better than that of 15°-off GaAs substrate. Moreover, the photovoltaic performance of In0.17Ga0.83As solar cell grown on 2°-off GaAs substrate is found to be better than that of In0.17Ga0.83As solar cell grown on a 15°-off GaAs substrate, because the InxGa1-xAs epilayer grown on 15°-off GaAs substrate shows a large strain relaxation in the active layer of the solar cell. A large strain relaxation causes high dislocation density at the initial active layer/InxGa1-xAs graded layer interface for the solar cell grown on 15°-off GaAs substrate. The effect of dislocation defects on the solar cell performance can be alleviated using the p-i-n structure as the epilayer grown on 15°-off GaAs substrate.
A not-for-profit organization, IEEE is the world's largest technical professional organization dedicated to advancing technology for the benefit of humanity.© Copyright 2016 IEEE - All rights reserved. Use of this web site signifies your agreement to the terms and conditions.


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About the Drafthouse
Theater admission 21 or over unless accompanied by parent/guardian before 9PM - 21 or older after 9PM
Green Room admission is 21 or over at all times
All onsite box office sales are cash only
Valentine's Day - Comedy and The Princess Bride Movie Night!
Valentine's Day - Sunday, February 14th at 12:30PM & 3:30PM & 7PM
The 12:30pm show is FAMILY-FRIENDLY opening with a magic show!!
The 3:30 & 7pm Shows: Live Comedy Featuring Drafthouse Favorite Randolph Terrance
One of the Best Movies Ever Made "The Princess Bride" & Great Stand-Up Comedy - BEST DATE NIGHT EVER!
Join us for one of the classic cult love stories, "The Princess Bride".
12:30pm Show (FAMILY FRIENDLY w/ Magic!)
12:00pm Doors Open
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10pm Show
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About The Movie: (PG) (98 min) A kindly grandfather sits down with his grandson and reads him a bedtime story. The story is one that has been passed down through from father to son for generations. As the grandfather reads the story, the action comes alive. The story is a classic tale of love and adventure as the beautiful Buttercup is kidnapped and held against her will in order to marry the odious Prince Humperdinck, and Westley (her childhood beau, now returned as the Dread Pirate Roberts) attempts to save her. On the way he meets an accomplished swordsman and a huge, super strong giant, both of whom become his companions in his quest. They meet a few bad guys along the way to rescue Buttercup.
Battle of Wits Scene...
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written by Zach Kempner on Jun 13th, 2013
Follow them at @zkempner
What to Bet for NBA Finals Game 4
With the Spurs seemingly in control of the series, nothing can go wrong now, right? That doesn't seem to be what Vegas thinks.
The line is even heading into tonight's game according to Vegas, showing little regard for that 30-point Spurs beatdown. Of course, we aren't showing much regard for Game 3 either: as I wrote yesterday, those big performances from Danny Green and Gary Neal just aren't that likely to ever happen again.
As it stands currently, the Spurs hold a 58.61 percent chance at taking the Finals, making Bovada's current Spurs (-125) an acceptable, but not overwhelming bet. What about the odds specifically concerning tonight, though? For Premium numberFire members, we've always had the Game Projections, but today, I want to pull a DiCaprio and go deeper.
After looking at some of tonight's Game Props on Bovada, there are some exploitable inefficiencies you could use tonight to make you some easy cash.
To view Zach Kempner's full analysis, become a Premium subscriber today.
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In This Article
Tim Duncan
FC, San Antonio Spurs
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Recommended For You
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These players may not be superstars, but they will help their teams win.
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Tue Jul 12


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If you have troubles since the update to WordPress 4.5 please read this post before opening a new thread.
yesterday i purchase newscast themplate it is look like vonderful, but i have a big problem about the slider, i read the help dokumant but i cant understand, how can i add a slider picture, or how can i configure the slider.
my web side is
You need to add featured images to you post/pages which should appear in the slider. If you can't configure it send me a mail to
(Email address hidden if logged out)
and I'll set up a sample post for you.
The Dude
The topic 'Slider problem on Newscast theme' is closed to new replies.


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Stayed here for 2 nights in early September 2013.
Booked online but contacted the hotel on the best way to get there from the airport. We got a reply within minutes with detailed directions - excellent service.
The room was good size - plenty of room with a great shower room.
The highlight was the buffet breakfast - the choice of hams, cheeses, bread, croissants, fruit etc was exceptional. The food and 3 types of fresh juice was been topped up all the time.
Even as a vegetarian I had no problem for filling up for the day ahead.
The hotel is only a few minutes way from Marionplatz with the Rathaus etc and from the Englischer Garten..
Great little hotel and would recommend to anyone.
- Official Description (provided by the hotel):
- The Hotel Concorde ist a 4 Star Boutique Hotel. It is located perfectly right in the historic Old Town of Munich. All major sights like the Viktualienmarkt, the Marienplatz, the Hofbrauhaus, the Maximilianstrasse and the Opera can be reached within a few minutes by foot. The Hotel features 72 bedrooms and suites and operates as hotel garni. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Expedia, Hotels.com, Booking.com, Hotwire, Priceline, Agoda, Travelocity, HotelTravel.com, Cheap Tickets and Odigeo so you can book your Tulip Inn Concorde Munich reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Tulip Inn Concorde Munich Hotel Munich
- Tulip Inn Munich
- Golden Tulip Munich


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VR Napier Hotel - Tennyson St, Hawke's Bay
- Free WiFi and free parking
Main amenities
- 40 smoke-free guestrooms
- Near the beach
- Room service
- Fitness center
- Air conditioning
- Daily housekeeping
- Computer station
- Laundry service
- Meeting room
- Free newspapers in the lobby
- Luggage storage
- Limited hour front desk
What's around
- Napier Beach (0.4 mi / 0.7 km)
- National Aquarium of New Zealand (0.9 mi / 1.5 km)
- Bluff Hill Domain Lookout (1.4 mi / 2.2 km)
- Municipal Theatre (0.1 mi / 0.1 km)
- War Memorial Conference Center (0.4 mi / 0.7 km)
For families
- Refrigerator
- Connecting/adjoining rooms available
- Private bathroom
- Premium TV channels
- Free toiletries
- Daily housekeeping
We just had to stay a night in Napier and it was a pity we couldn't stay longer.
The front desk could not have been more helpful and friendly, what a GREAT team they have…
VR Napier Hotel - Tennyson St, Hawke's Bay
Hotel Info: 866-539-8117from $59
- Studio with Queen
- Family Room with Queen and Single
- Interconnecting 2 Bedroom
- One Bedroom with Lounge
- Family Room with 2 Queen Beds
- Studio with Balcony
- Studio Disable Friendly
- Studio with Twin
Also popular with travelers from the USA
At a glance
Key facts
Hotel size
- This hotel has 40 rooms
- This hotel is arranged over 3 floors
- Check-in time 3 PM-8 PM
- Check-out time is 11 AM
- Express check-in/out
If you are planning to arrive after 7 PM please contact the property in advance using the information on the booking confirmation.
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- Minimum check-in age is 18
Travelling with others
- One child (4 years old and younger) stays free when occupying the parent or guardian's room, using existing bedding
- Pets not allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Free self parking (limited)
Other information
- Smoke-free property
Nearby Four Star Hawke's Bay hotels
In the hotel
- Room service (during limited hours)
- Fitness facilities
- Bicycle rentals nearby
- Ecotours nearby
- Golfing nearby
- Hiking/biking trails nearby
- Kayaking nearby
- Mountain biking nearby
- Sailing nearby
- One meeting room
- Computer station
- Front desk (limited hours)
- Tours/ticket assistance
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Number of buildings/towers - 2
- Elevator/lift
- Television in common areas
- Accessible bathroom
- In-room accessibility
- Roll-in shower
In the room
- Air conditioning
- Ceiling fan
- Coffee/tea maker
- Iron/ironing board
- Premium bedding
- Private bathroom
- Shower only
- Free toiletries
- Hair dryer
- Flat-screen TV
- Premium TV channels
- Desk
- Free WiFi
- Refrigerator
- Daily housekeeping
- In-room safe
- Connecting/adjoining rooms available
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Onsite credit card charges are subject to an extra charge
Early check-in can be arranged for an extra charge of NZD 25.00
Late check-out can be arranged for an extra charge of NZD 25.00
Rollaway beds are available for an additional charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
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Jason Orville Pridie (born October 9, 1983) is an American professional baseball outfielder for the Oakland Athletics of Major League Baseball (MLB). He previously played in the majors with the Tampa Bay Rays, Minnesota Twins, New York Mets, Philadel...phia Phillies, Baltimore Orioles and Colorado Rockies.
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- Anonymous
- Poland, Male, 18-24
- Novice Nomad
- 6 reviews
The individual room was a very small room, the width of a bed and not much bigger in length. The only advantages of this hostel is their location and the price. Yet the price is low-is only because they can't charge more for the facilities and conditions of the rooms. They are not dirty or anything but they are old and should've been renovated already 10 years ago. The pillows are re used for years and are either lumpy or densely pack foam that hurts the neck. The blinds in my room closed half
- Anonymous
- USA, Female, 18-24
- Novice Nomad
- 2 reviews
really great staff, perfect location, clean room and nice bed - all for a great price. highly recommend!
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Below are top resources on SparkPeople for Normal Fiber Intake.
Achooo! Is it a cold? Is it the flu? You may not know what you have, but you know you feel terrible. When SparkPeople members feel under the weather, they usually have the same questions: "What should I eat? Should I still count my calories? If... Read more
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Images of Alyn Hall(0 from 0 )
Telephone & Addresses
Michael D Hall - Advanced Background Checks
Michael's possible relatives include Bradley J Hall, Mary Magdalene Hall, Robert Alyn Hall, Steven Ray Hall, Melinda Michele Hall, K Hall, Heather M Hall, Ken ...
Oak Alyn Hall in Wrexham, 133 Th Mold Road - Residential Care Homes...
Oak Alyn Hall in 133 Th Mold Road with phone number +441978760102, address, and interactive map
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MySpace Profile: ALYN HALL (181295451)
Rochester, NY
Twitter Profile: Alyn Hall (@alyn_hall) | Twitter
The latest Tweets from Alyn Hall (@alyn_hall). The things I like, Marble Hornets, Paranormal Activity, Green Day, Papa Roach, and Linkin Park!!!. New Boston ...
Facebook: Alyn Hall | Facebook
Alyn Hall is on Facebook. Join Facebook to connect with Alyn Hall and others you may know. Facebook gives people the power to share and makes the world more open and
Russ and Dee Ann DeWinter Anniversary - Quad Cities Online
Russ and Dee Ann DeWinter Anniversary - Quad-Cities Online is the Quad Cities leading Internet service provider offering dial in access, local news from The...
super food restaurant by alyn hall on Prezi
Alyn Hall Super food restaurant I chosen Mitt Romney to help me with my restaurant because he is rich and he can buy all the supplies to build ...
Management & Stakeholders
Fighting Back: Bryn Alyn Hall
John Allen had acquired, in 1968, the lease for 21 years of Bryn Alyn Hall, a substantial property in Llay New Road on the outskirts of Wrexham, with 50 acres of land ...
Private Homepages
Oak Alyn Hall Wrexham - residential & retirement homes
Oak Alyn Hall Wrexham from LL12 9US, Wrexham on street Mold Rd Cefn Y Bedd.
Bad news
findagrave: Hall, Alyne Josephine Jones
04/2/1910 - 04/28/1993, Atkins (Pope County, Arkansas)
findagrave: Hall, Alyne M
05/19/1930 - 08/23/2004, Madison (Madison County, Alabama)
ALYN ANDREWS Death notices, United Kingdom - Find Death notices in...
Death notices in United Kingdom for
Coldwater High School Graduates, 1892-1969, Coldwater, Comanche...
Alyn Hall Helene Holmes Richard Parsons Tom Holcomb Josephine Bibb Ray Burditt Beulah Ellis Regina Carleton Frankie Emerson Lucile Foree Ruth Frazier Rosa Frederick
Names Index Page
Hall, Gregory Alyn Hall, Judith Allyn Hall, Kenneth Hall, Linda Sue Hall, Maud Hall, Smith (5 MAY 1861-) Hall, Thomas (-12 SEP 1755) Hall, Valerie Rose
Books & Literature
Indiana University of Pennsylvania - Oak Yearbook / INSTANO Yearbook...
ALYN HALL: Altoona; Elementary; Phi Mu; Elementary Club; Winter Sports Club; YWCA; Women ' s Chorus. KA- TRINA ALLEN HALTER: Chambersburg; Art; Beta Sigma Omicron; Art
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Oak Alyn Hall Residential Home. Food hygiene rating is '5': Very good. Address: Mold Road Cefn Y Bedd Wrexham LL12 9US Business type: Caring Premises
Bryn Alyn Hall School (Hansard, 23 February 1995)
To ask the Secretary of State for Wales what representations he has received concerning the deregistration of Bryn Alyn Hall residential school; ...
Care Assistant - Universal Jobmatch - Gov.uk
08/01/2016, Senior Care Assistant, Oak Alyn Hall Residential Home, WA-Wrexham. 07/01/2016, NIGHT CARE ASSISTANT, Sycamore Lodge ...
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A former hotelier, he set up the first of the seven care homes - Bryn Alyn Hall - with his wife-to-be. At its peak the community could hold 200 kids and had an annual
CHOKED TO DEATH ON A SANDWICH; Care home boss apologises over failure...
Gertrude Honeysett, died after the choking incident at Oak Alyn Hall Care Home, Cefn-y-Bedd, Wrexham, on August 13, last year. Attempts were made to resuscitate re
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SHERRARD HIGH SCHOOL HONOR ROLL : Salute
... Bryce Davis, Ellie DeSchepper, Guinevere Diehl, Lena Dybro, Joshua Gibson, Alyn Hall, Katelin Hatlestad, Grace Hoffpauir, Emma Hofmann, ...
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He thought that Bryn Alyn Hall was ideal, 55 acres not too remote and lots of space for the children. Allen told how he trained as a manager in ...
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Bryn Alyn Community - David Icke's Official Forums
all properties were meant to be sold off to then be put into the comp pot. this never happened with bryn alyn hall and pentre saeson hall, as they ...
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ken white lived, with his wife, in bryn alyn hall, which is registered as an Hotel under Alyn Lodge ltd - hotels and other accomodation, until late ...
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Bryn Alyn Hall. North Wales Childrens Home. http://ukpaedos-exposed.com/cover-ups/north-wales-childrens-home/ … #paedobritain.
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I have recently been researching a member of my family who is not blood-related but the husband of my Greatx4 Aunt. His name appears twice as John Samuel...
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Oak Alyn Hall - Care-Services.co.uk
Oak Alyn Hall, Wales, Wrexham Great Britain , 01978760102 ( +441978760102 ) , ( +44 ) UK Care Services.
Oak Alyn Hall - LL12 9US Wrexham - 01978 760102
Get the best informations about Oak Alyn Hall from Wrexham (residential & retirement homes). Look at photos, read reviews and detailed rates. Search our ...
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Oak Alyn Hall | Oak Alyn Lodge Mold Road Wrexham LL12 9US CLWYD | Nursing/Convalescent Homes.
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Oak Alyn Hall. 01978 760102. 01978 760102. Mold Road , Cefn-y-Bedd , Wrexham , LL129US. Email us · Upgrade. About Us. Add content and improve this ...
Oak Alyn Hall - Wrexham - 01978 760102 - Códigos postais
Oak Alyn Hall Wrexham código postal LL12 9US. Ver Perfil de Google+, Teléfono e máis desta empresa. 3.0 puntuación Cybo. Dar unha valoración en Cybo.
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Oak Alyn Hall Residential Home is listed under 'Hospitals/Childcare/Caring Premises' in Wrexham.. Address: Oak Alyn Hall Residential Home Mold Road
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Oak Alyn Hall Residential Home, Cefn-y-bedd. Oak Alyn Hall Residential Home, Cefn-y-bedd is categorised as 'Hospitals/Childcare/Caring Premises' and is ...
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Oak Alyn Hall Wrexham Mold Road 01978 760102 Clwyd
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Oak Alyn Hall in Wrexham, Clwyd LL12 9US - 01978 ...
No Photo for Oak Alyn Hall. Oak Alyn Hall Claim this business. Mold Road ... Do you have a blog and have reviewed Oak Alyn Hall? Add Your Review to iBegin.
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Oak Alyn Hall in Wrexham - Residential Care Homes in ...
Oak Alyn Hall in Wrexham with phone number: 01978760102, address, and interactive map. Call Oak Alyn Hall now free of charge or write a review.
Bryn Alyn Hall
Hi have a look at a few of these photos they may help you picture my story better'you little bastard' http://www.lulu.com/content/454006. « previous | next ».
Oak Alyn Hall - UK Care Homes
Wrexham Care Home in Wrexham - where your privacy and rights as an individual are always respected.
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97 - Bryn Alyn Hall finally closed; 97 - ken white junior inherited the lot when ken white senior died. 97 - prospects opened a home in chester run by ken white jr ...
181 - View Obituaries | Announce an Obituary Notice
The Funeral has taken place of May who lived at Caer Haf, Summerhill, Wrexham and passed away at Oak Alyn Hall Residential Home on 20th February, 2009, ...
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Mr Richards also linked a second leading Tory grandee – now dead – to the scandals at homes including Bryn Estyn and Bryn Alyn Hall, both ...
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Dean Baker: The quest for "credibility" can have very bad outcomes, as we saw in Vietnam. It's hard to see how we gain credibility by pushing a bad trade deal.
The DNC's Rules Committee repeatedly rejected a series of reforms to its "superdelegate" system, despite the pleas of Sanders delegates.
Dina Rasor is an investigator, journalist and author. Rasor has been fighting waste while working for transparency and accountability in government for three decades. In 1981, Rasor founded the Project on Military Procurement (now called the Project on Government Oversight, or POGO


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The most important thing to take into consideration in a marriage is to have a profound fear of God and a deep love for God. When a woman loves God very much, when she has an intense fear of God, God gives an irresistible attraction and beauty to her. He gives her an amazing beauty. He bestows upon her both physical beauty and also the beauty of spirit, the beauty of morality and an amazing potency of attraction emanates on her. With fear of God and good morality, an extraordinary power would be formed upon her. Such a faithful beauty evokes the desire of a life savoring that beauty in a man. That is what makes a man want to get married. When a man gets married, he does so to be with her in Heaven as well and to live that passion and profundity eternally.
It is crucial for a man and a woman to realize that marriage is not made to have the laundry done, to have dishes washed and ironing done or merely to have intimacy. Marriage should not be done in such a mentality. The goal of marriage is to experience passion and to live the love of God. In marriage, one choses his or her companion in Heaven, his or her companion for the Hereafter. In the Qur'an, God says that Muslims will be with their spouses in the Hereafter.
Without the love of God, passion would be left undiscovered by the large portion of men and women. It would be left undiscovered even if they get married as they would not be able to find the strength to bring it to the surface.
On a person who lives by the Qur'an and Islam, some metaphysical characteristics start to emerge. For instance, in their face, God creates an extraordinary effect. In their speech God creates an extraordinary effect. A special effect mechanism in their eyes and a special effect in their voice is created. These people thus possess a power that gives contentment to souls. By the leave of God, a faithful devout person would possess an inexplicable power.
Man is a being made up of flesh and bones. If he or she does not have a spiritual profundity, if he or she does not fully abide by the Qur'an and have a profound love and profound fear of God settled in their heart, taking that person's hand in marriage and being wedded to them would not change anything. For their true functions to surface, for their startling power to surface, their power of feeling profound passion should come into the open. The power of profound passion is the real fascinating feeling; God draws attention to that also in the Hereafter. God says; "There will be dark-eyed maidens with them, with eyes reserved for them alone." He says that they will be "devoted and passionate". God draws attention to their eyes and says "devoted and passionate."
There is a power that we call passion. It is a zest, an intense pleasure in the soul that intense love for God generates. When that unites with sensuality in marriage, it creates a very profound effect and generates a very powerful feeling. When that does not happen, one would be bored by their spouse within a short time. One would look and see that their spouses have two arms and two legs and are almost no different than anyone else they see around. After all, his wife or her husband is a piteous being who eats and drinks; while the man is expecting great things, he looks and sees that there is nothing special, nothing is happening and nothing would happen because God would not give them that power. For that powerful feeling to take effect there should be a profound love for God, a profound admiration for God, so that God would manifest in that person's spouse and create an intense delight in their soul.
In marriages formed without the love and fear for God spouses struggle and strive to love each other. The man says; "I have bought her a present, I have bought her flowers" and acts like a clown just to have himself loved and that makes the woman even more annoyed. Such a person would do awkward things, perhaps make weird jokes or unexpected moves to have himself loved. But a woman would be bored by that; it would annoy her and would have no other effect at all. That is because these are not the things that satisfy the soul.
He says; "Look, what I have bought for you," for instance as he brings a ring and waits in front of her with shining eyes. She sees the ring and throws herself into his arms instantly and together they turn each other around. Actually, this is quite humiliating because his aim there is so obvious. The man presents something material and the woman is not under the influence of morality, or his personality and his spiritual depth, but of the excitement of receiving an expensive commodity and of the interest it presents her. She would simply be feeling excitement towards the man who serves her interests. What does this have to do with love? Love comes with spiritual profundity and spiritual passion. Love is a power God specifically creates. God presents this to God-fearing people.
That is the reason why our Prophet (saas) married his wives; he married his wives because of this high potency of passion. His wives were profoundly impressed by our Prophet (saas) because they admired this power of passion in him. They got married to our Prophet (saas) to live the love of God. Actually, because some bigoted minds assume that marriage is based solely on sexuality, they are embarrassed by his marriages and do not even know how to cover them up. They speak in a manner as if to say, "Our Prophet (saas) had collected all the old and ill women into his house." However our mothers, the wives of our beloved Prophet (saas) were all very beautiful women, most of them were very young. There were some who were older, but in general they were young; for instance, Hz.Aise (r.a) was very young. However she saw that potency of passion in him which profoundly shakes a person's soul, she had seen that potency in her own soul as well and as the result of that irresistible desire she married our Prophet (saas). And she was in love with our Prophet (saas). That is a love which stems from the Manifestations of God. She felt a profound pleasure in being with our Prophet (saas). It doesn't matter if she had been with him only for a month, it doesn't matter if she had been with him only for an hour. Our Prophet (saas) was always out in war, busy preaching religion, he rarely saw them, but despite this, his wives loved him with a profound love and deep passion.
That is why in marriages, saying "Everyone is getting married, let's get married as well", or "Let's take one lady's hand and take her away", etc., following such a mindset would cause incidents which end up with vehement fights at the end of the first five or six months because it does not work that way. When a man sees his wife simply as a machine who does his ironing, who washes the dishes and who satisfies him from time to time; the woman would feel neither love nor passion, nor admiration. A secret hatred would be formed in her. His being shapely, his being handsome would change nothing, it would only come to constitute a profound, devastating hatred.
For that reason, one should not approach marriage by saying "Everyone is doing this, so will I" but rather with the profound spirit of the Qur'an, with the deep spirit of Islam. Then people would come to see that God had created a hidden spirit of Heaven in them. They can then realize that they own an unknown and wonderful power. Apart from that, marriage would only be a means for torment, a mechanism of hatred; fighting every day, having a constant battle of words, hurling accusations at each other. Whereas in marriages done for the approval of God, there is a profound compassion, deep mercy, a deep passion and a profound love.
2014-03-14 15:43:02
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A 80 million year old rare frilled shark fossil found in Aus...
Why are www.theguardian.com and other Darwinists mistaken?
The Darwinist Fear of 'Living Fossils'
Daily Comments
240-Million-Year-Old Pollen Fossil Discovered
240-Million-Year-Old Pollen Fossil Discovered
The Darwinist Fear of 'Living Fossils'
The Darwinist Fear of 'Living Fossils'
'Diatoms' are another example of God's creative artist...
Excerpts from conversations
Creation Museum - Crocodile skull
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Creation Museum - Coral
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Creation Museum - Teeth of elephant
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Creation Museum - Pelican beak
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Creation Museum - Shrimp
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Creation Museum - Oak leaf
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Creation Museum - Gecko
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Creation Museum - Ginko leaf
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